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(영문) 부산지방법원 2013.12.05 2013고단7366

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On January 31, 2013, the Defendant was sentenced to one year and six months for the violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on January 31, 2013, and completed the execution of the sentence in the first prison of the North Korean Dos on July 18, 2013.

Defendant is not a narcotics handler.

1. On August 23, 2013, around 11:00, the Defendant administered approximately 0.05 g of the psychotropic drugs at the Defendant’s home (D building) c. 102, Busan High-gu, Busan High-gu (hereinafter “Monopon”).

2. On October 17, 2013, around 10:00, the Defendant administered approximately 0.05 grams at the Defendant’s house of Busan Jin-gu C 102 (D building) in a way that wrophones are delivered to coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Police seizure records;

1. Requests for appraisal made by the president of the National Institute of Scientific Investigation;

1. Notification of appraisal results of narcotics prepared by the Supreme Prosecutors' Office scientific investigation officers;

1. Investigation reports (responding to the results of urient appraisal);

1. A report on internal investigation (attaching, etc. for inquiries about narcotics-related crimes);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (related to the date of release and personal identification records);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. of Specific Crimes;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (based on the market price of 100,000 won for medication once in a board) is that the defendant has repeatedly committed the crime of this case during the period of repeated crime, and the defendant has repeatedly committed the crime of this case, taking into account the circumstances, such as the background, means, methods, and recovery of the crime, etc.